Accident Waiver and Release of Liability Form
Red Fleet Paddlefest, Water Slide, and Moonlight Paddle
I HEREBY ASSUME ALL OF THE RISKS OF PARTICIPANTING IN ANY/ALL ACTIVITIES ASSOCIATED WITH THIS ACTIVITY AND/OR EVENT, including, by way of example but not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.
I certify that I am physically capable of participating in this event, have sufficiently prepared or trained for participation in this activity and/or event, and have not been advised to not participate by any medical professional. I certify that there are no health-related reasons or problems which preclude me from safely participating in this activity and/or event.
I acknowledge that this Accident Waiver and Release of Liability Form will be used by the event holders, sponsors, and organizers of the activity and/or event in which I may participate, and that it will govern my actions and responsibilities at said activity and/or event.
In consideration of my application to participate in this event, and the event holders permitting me to participate in this activity and/or event, I hereby take actions for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:
(A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me, including my traveling to and from this activity and/or event, THE FOLLOWING ENTITIES OR PERSONS: Uintah County, State of Utah Division of Parks & Recreation, Uinta Broadcasting, and/or the foregoing entities’ directors, officers, employees, volunteers, representatives, advertising clients, and agents, and the activity and/or event holders, sponsors, and volunteers;
(B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons identified in this paragraph from any and all liabilities or claims made as a result of participation in this activity and/or event, whether caused by their negligence or otherwise.
(C) The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I might be exposed or infected by COVID-19 by attending the Moonlight Paddle at Red Fleet Paddle Fest and such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the Moonlight Paddle at Red Fleet Paddle Fest and agree to indemnify, hold harmless, and promise not to sue the entities or persons identified in this paragraph from any and all liabilities or claims made as a result of my exposure or infection due to participation in this activity and/or event, whether caused by their negligence or otherwise.
I acknowledge that Uintah County, State of Utah Division of Parks & Recreation, Uinta Broadcasting and their directors, officers, volunteers, representatives, advertising clients, and agents are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity and/or event on their behalf.
I acknowledge that this activity and/or event may involve a test of a person's physical and mental limits and carries with it the potential for death, serious injury, and property loss. The risks include, but are not limited to, drowning, broken bones, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, lack of hydration, and actions of other people including but not limited to, participants, volunteers, monitors, and/or producers of the activity and/or event. These risks are not only inherent to participants, but are also present for volunteers.
I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity and/or event.
I understand that, while participating in this activity and/or event, I may be photographed. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose by Uintah County, State of Utah Division of Parks & Recreation, and Uinta Broadcasting, the event holders, producers, sponsors, organizers, and assigns.
The Accident Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.
Red Fleet State Park
Participant Agreement, Release, and Acknowledgement of Risk
In consideration for renting a motorized or non-motorized vessel from the State of Utah Division of Parks and Recreation (hereinafter "Division") for use at Red Fleet State Park, I do hereby agree to this waiver and release.
I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless the Division and the State of Utah and their agencies, departments, officers, employees, agents, and all sponsors, officials, and staff or volunteers, from any and all liability, claims, demands, breach of warranty, negligence, actions or causes of actions, whatsoever for any loss, claim, damage, injury, illness, attorney's fees or harm of any kind or nature to me arising out of my participation in these activities and/or events, and my use of Division's equipment at Red Fleet State Park. This release extends to any claim made by my family, estate, heirs, or assigns arising from or in any way connected with these activities and/or events. I further agree to pay any and all claims brought by any third party as a result of the operation and/or use of the rented equipment during the rental period.
I am free from any known medical or physical conditions that could prevent me from safely operating or being a passenger in or on any of the rented equipment and will assume and bear the costs of all risks that may be created, directly or indirectly, by any such conditions, whether such conditions are known or unknown. I certify that I agree to be personally responsible for the costs of any injury or damage I may cause or suffer while participating in these activities at Red Fleet State Park. I agree to release the Division and the State of Utah, and their agencies, departments, officers, employees, agents, and all sponsors, officials, and staff or volunteers from the cost of any medical care I receive as a result of participation in these activities at Red Fleet State park.
I acknowledge that operating any motorized or non-motorized vessel on bodies of water carries a risk of personal injury, death, or property damage, and requires a degree of physical activity. I also acknowledge that there are natural and other unforeseen hazards, environmental conditions, disease and other risks that, in combination with my actions or the actions of others, can cause injury to me or damage to my property. I do hereby agree to assume all risks that may be associated with or may result from my participation in these activities and/or events, including, but not limited to, operating the vessel(s) on the water, entering or exiting the vessel(s), and launching the vessel(s). I further agree to be held responsible for the safe and proper operation of Division's equipment and for the safety and welfare of other operators and persons using the rented equipment assigned to me.] If there are any minors participating in any activity and/or event involving the rented equipment, I will provide all necessary supervision to maintain the safety of each minor and take all responsibility to protect each minor from injury.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participating in this activity and/or event, I may be found by a court of law to have waived my right to maintain a lawsuit against Division on the basis of any claim from which I have released them herein. I further understand and agree that the invalidity or unenforceability of any provision, term, or condition of this release shall not affect the validity or enforceability of any other provision, term, or condition of this release, which shall remain in full force and effect.
I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.